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tv   The 11th Hour With Brian Williams  MSNBC  February 2, 2019 8:00pm-9:00pm PST

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they gave bonuses to their players if they broke the bones on the other side. that coach was suspended for a year. >> we're out of time. in a is the last word for tonight. i'm ali velshi, he's michael moore. "the 11th hour with brian williams" starts now. the breaking news tonight. the democratic virginia governor admits he's one of two men in a 1984 photo, one in black face, the other in a klan outfit. ralph northam has now apologized, the calls are flooding in for him to leave. a federal judge says she's considering a gag order which may be a tall order considering his appearance on fox tonight. his description of the case against him as a lynching and the video he posted this week on what to wear for your arraignment in federal court. and donald trump now back in the friendly confines of mar-a-lago this evening, leaving the wreckage of his fight over
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the wall behind. returning next week to give his version of the state of the union, as "the 11th hour" gets under way on a friday night. well, good evening, once again from our nbc news headquarters here in new york. day 743 of the trump administration, we're covering the breaking news tonight on the virginia governor and his admission that he is one of two people pictured in a racist yearbook photo. more on that coming up. but we do want to begin with donald trump, who arrived in mar-a-lago a few hours ago. it's his first visit to his florida estate since thanksgiving, and his first since the government shutdown. tonight we're exactly two weeks away from a deadline to avert the next one. members of congress have been negotiating as you may know, to avoid a repeat. the president as you may know, calls those talks a waste of time. as he steps up his campaign for a wall on the southern border. today at the white house, he suggested wall planning is well under way while threatening to
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take action if congress does not. >> we are doing things right now. we're building it with funds on hand. we're negotiating tough prices. we've designed a much better looking wall that is also actually a better wall, which is an interesting combination. it's far more beautiful and it's better. it's much more protective. >> have you privately decided whether or not you will declare a national emergency? and just to clarify -- >> have i privately? what's in my mind? certainly thinking about it. >> what's in your mind. >> i think there's a good chance we'll have to do that. >> late today, the president sat down with cbs news for an interview on "face the nation." offered a preview of what could come next. >> on the 15th, we have now set the table beautifully, because everyone knows what's going on, because of the shutdown, people that didn't have any idea -- they didn't have a clue as to what was happening, they now know exactly what's happening. >> trump also appeared to step up his criticism of nancy pelosi, speaker of the house,
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who continues to insist the wall is immoral and there will be no money for it on top of that. an example, when asked about the speaker's criticism of his administration's decision to pull out of that nuclear arms control treaty with russia, the president's response had more to do with pelosi's opposition to his wall. >> honestly, i don't think she has a clue, i really don't. i don't think nancy has a clue. and i see that when she says walls are immoral. she doesn't have -- she doesn't know. and i wish she did. >> he indeed continued that criticism during the interview with cbs news. >> i think she's very bad for our country. >> she offered over a billion dollars for border security. she doesn't want the wall. >> she's costing the country hundreds of billions of dollars because what's happening is when you have a porous border and drugs pouring in, and when you have people dying all over the country because of people like
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nancy pelosi, who don't want to give proper border security for political reasons. >> which somehow brings us to the curious case of roger stone. he was back in federal court today, appearing before a judge, federal judge amy berman jackson, actually his lawyer was. he's charged with obstruction, witness tampering and lying to congress. ever since his arrest a week ago today, stone has been a ubiquitous presence on television. media of all kinds, really, comparing his case to a lynching. comparing the raid on his home to the raid to get bin laden. and the judge has apparently noticed. she said today she's considering a gag order warning stone, quote, against treating his pretrial proceedings like a book tour. she went on to say this is a criminal case, not a public relations campaign. judge jackson said adding that she understands stone wants to tell his side of the story,
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"there's no question at this point he's had his opportunity." after she spoke those words, roger stone made media appearances, including showing up on fox news tonight to talk about the possibility of a gag order. >> the whole purpose of the gag would be so i don't poison a potential jury pool. they just poisoned a potential jury pool by making me look like el chapo. >> there's also this, a video roger stone posted on youtube this week, detailing how a gentleman should dress for an arraignment in federal court. >> you have to think long and hard how you're going to dress for your arraignment in federal court. you can't ever really do this in a double breasted suit. it doesn't ride up properly. this is called a windsor collar
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or an extreme spread collar. cufflinks in this case, onyx cufflinks that were a gift from -- i think it was my first wife, actually. you never button the top button unless you're 100% italian. this kind of knit tie is an absolute requirement for every gentleman. i don't want to get into this too far, but i am wearing underwear. i was not going commando today. and that's how you dress for your day in court. >> that's on you dwl tube tonight courtesy of the daily caller. with that, let's bring in our lead off panel. daniel dale, his job happens to be washington correspondent for "the toronto star." barbara mcquaid former u.s. attorney for the eastern district of michigan, back with us. and from "the washington post," we welcome back the veteran
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journalist. good evening to all of you, barbara, i have to start with you, it is a tour of clothing. at one point he also mentions how poor he is, when talking about the age of all of these items. add all of it up, it can't go over well with a businesslike law and order federal judge. >> that's right. i'm not surprised to see the judge suggest the idea of a gag order. in normal cases that don't get a lot of attention, that would be normal. in high profile cases, the judge has the discretion to implement a gag order, from preventing the defendant from getting a fair trial. she may be trying to save roger stone from himself. making all these statements and tainting a jury pool that will come in later and have to pass judgment on him. so i think that she has asked the parties to state if they have any objection and why. so she'll consider that. it wouldn't surprise me to see her enter a gag order in a case like this. >> do you think he has a case? this is who i am, this is how i've become roger stone?
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there's a documentary about me. also by the way, i'm raising money via these appearances for my legal defense fund? >> i think what she's likely to say is he can talk about things outside the scope of the case. the first amendment requires that if you're going to prohibit speech, it has to be narrowly tailored to achieve a compelling governmental interest. i think that she could say, you can talk about anything under the sun, she even said today, you can talk about foreign relations, immigration or tom brady. you can't talk about your trial. i think he can talk about other things, just not his case. >> i knew the guy years ago here in new york, you have spent a lot more time with him, and a lot more recently, is there a perhaps wounded or scared inner roger stone? or is there just one layer, what you see is what you get and this is our roger stone? >> if you could go into a laboratory, pull out a petrie dish and create the most
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ungagable human being that any person could imagine, what you would come up with is roger jason stone jr. he is a fire hose of words and i would imagine that if this judge moves forward, with what she seems to be indicating she wants to do, is impose a gag order, she'll have quite a battle trying to enforce that with this particular defendant. >> barbara, one more for you, before i come up to daniel. what are you telling your client if you're client is roger stone? for that matter, what are you telling your client if your client is the president of the united states? >> most lawyers would tell their client not to talk about charges. you might say something and later decide strategically, you want to take a different tact. and it can be very harmful to your case to say things when you don't have to. most lawyers would say that, now, when you are the president, or maybe even roger stone, i
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think they realize that not only is the court of law where the decisions are going to matter, but also in the court of public opinion. sometimes, especially when you're the president, whose ultimate penalty would be impeachment, maybe it's even more important that you get your message out in the court of public opinion. >> daniel, you're the trump watcher here, and we come to you with the question of how much is all of this gumming up what would be the work of a fully functioning white house west wing and staff? >> you know, i don't think it does at this point. i think they're used to the circus. i don't know how well the staff functions at the best of times. so i wouldn't say they're functioning well at this point, but i think they're able to tune out the legal drama, unless the president is fuming about it. and just from the outside, doesn't seem like he's especially concerned about the stone matter, the michael cohen matter or something different. certainly the paul manafort matter he was concerned about.
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this one, i think he thinks is peripheral to his own situation, whether or not it is, we don't know for sure at this point. >> miles to go before we sleep, and we're just talking about post tuesday night's state of the union. help us turn the page a little bit. what is stopping donald trump from declaring a national emergency either that night or at a previous or later date? >> i think the primary thing is that it polls terribly. i think if he thought this would be a political winner for him, he would have done it long ago. but all of the polls have showed that as badly as his shutdown polled, the idea of the president declaring a national emergency, after everyone understands this is not a true emergency is a sure loser for him. that doesn't mean he's not going to do it, if he's frustrated. i think he's delayed because he sees the same numbers that we all have. >> hasn't mcconnell gone to him in some forward and said, don't make me do this, this is not going to end well?
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>> yeah, but -- mcconnell also did that with the shutdown itself. >> good point. >> so did ryan, so did mccarthy. we know that trump listens sometimes, other times he doesn't. maybe this time he has been persuaded by republicans in congress and his own staff that he should hold off for a while. >> you also have the added advantage of having been based for part of your career in mexico city. as you look from the south to the north, knowing as we all do that there is a conference committee working on this, what do you think an acceptable solution might look like? >> well, certainly early on, indications that latino groups would have been willing to at least talk about a deal in which some sort of a trade would be made for border security in return for daca recipients getting a little bit more of a break. but the problem becomes the path to citizenship. trump doesn't want to go there, latino groups would like him to
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go there, and it looks like a real stalemate. >> barbara, i have to ask you about a point that roger stone made that has been dangling out there all week, that is in your bailiwick, he says he was never given his miranda rights. not mirandizing someone you are arresting, if it's correct that there were 26 officers on that raid, show up at the front door with a battering ram, they know they've got media in the front yard. failure to mirandize would be a big deal, some people straight up don't believe his contention. >> actually, miranda warnings only kick in if you're going to interrogate a suspect. and so if they didn't mirandize him, and they didn't ask him any questions, that wouldn't be a problem at all. the remedy for failing to mirandize someone is that their statements to the officers then become inadmissible at trial. if there was no questioning or
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interrogation, there would have been no need to mirandize him. he may be telling the truth with no problem at all. >> if you're going to cuff and walk to the car, and not engage in a guilty conversation, that can all be done during process something. -- processing. >> yes. if they thought that there was no reason to ask him questions in that setting, or at all, because they knew he was represented by an attorney, then there would have been no need to mirandize him in that setting. >> to all of our guests, thanks for starting off the last night daniel, dale, barbara, manuel, thank you all for being with us. and coming up for us, an offensive yearbook photo from med school in the '80s ignites a night of rolling thunder against the democratic governor of the commonwealth of virginia, including a lot of calls from his fellow democrats to resign. another big name just since we've been on the air. and later, the president arrives
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back with the other major story tonight, people have been
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